Examples of non-earnings include:

• money in a bank account
• the contents of a safe deposit box
• a rent payment owed but not yet paid
• an account receivable

Property may be subject to garnishment, but not all property can be garnished; some property is protected (see A.R.S. Title 33, Chapter 8). For example, a judgment creditor who garnishes a bank account may only take the money that is in the account on the day the Writ of Garnishment is served on the bank. 

If the garnishee deposits new money in the account, a new garnishment action must be filed to collect those funds. Also, the first $300 per person, per bank account, is protected from garnishment. If the account has more than one person listed on it, a hearing is held to determine the share of each account (A.R.S. § 12-1595). 

To garnish a bank account or other form of property, the judgment creditor be working with garnishment of non-earnings forms 1-15.

First, the judgment creditor files an Application for Writ of Garnishment and Writ of Garnishment and Summons with the court. There is a fee to file this form, but you can apply for a fee deferral if you cannot pay it right away.

Garnishment forms can be filed in any county courthouse in Arizona.  When going to file you must have:

1. 3 copies of the Writ of Garnishment (1 for your records, 1 for the court, 1 to be served to the garnishee)
2. 3 copies of the Writ of Garnishment and Summons (1 for your records, 1 for the court, 1 to be served to the garnishee)

Judgment creditor must fill out the caption on the following forms:

• Garnishee Answer
• Notice to Judgment Debtor of Garnishment
• Request for Hearing on Garnishment
• Notice of Hearing on Garnishment

The caption is the:

• Name and contact information of the person filing
• Courthouse name and jurisdiction
• Case number
• Petitioner contact name and information
• Respondent contact name and information

Once the clerk has signed the documents, the creditor has to process serve the following forms to the garnishee:

• Writ of Garnishment and Summons - 2 copies
• Instructions to Garnishee - 1 copy
• Garnishee Answer - 4 copies
• Notice to Judgment Debtor of Garnishment - 2 copies
• Request for Hearing - 2 copies
• Notice of Hearing on Garnishment - 2 copies

The garnishee has to complete and file their Answer with the court within 10 business day, beginning with the first day after service on the garnishee.

What happens if garnishee does not file an Answer?

If the garnishee does not file an answer, the judgment creditor can file for a default motion by filing the following documents with the court:

• Petition for Order to Show Cause Regarding Garnishee Default
• Order to Show Cause Regarding Garnishee Default

These forms request that the Court order the garnishee to appear and answer in person as to why they did not file an Answer.  If a hearing date is set, the judgment creditor must have the forms process served to the garnishee AND mailed or hand delivered to the judgment debtor.

What happens if the garnishee claims to hold no property of the judgment debtor?

The garnishee can ask the Court to make the judgment creditor pay for the expenses the garnishee incurred in responding to a Writ of Garnishment, if they hold no property of the judgment debtor.  The judgment creditor should take precautions to ensure that the correct person or organization is named as the garnishee before filing.

What happens if the garnishee claims to hold property of the judgment debtor?

The following happens if in the Answer the garnishee indicates that they hold the property of the judgment debtor:

1. The judgment debtor has 10 days to file a Request for Hearing on Garnishment
2. If the judgment debtor does not request a hearing, the judgment creditor mails or hand delivers completed copies of the Application for Garnishment Judgment and a Garnishment Judgment to the garnishee and judgment debtor
3. After they are mailed, the judgment creditor files these completed forms with the Court
4. Once the Court signs the Garnishment Judgment, the Court sends a copy of the signed version to everyone involved
5. If the garnishee does not receive a signed Garnishment Judgment within 90 days, the judgment creditor will have to restart the process
   1. The Writ expires 90 days after the Answer is filed with the Court in a non-earnings garnishment
   2. If the judgment creditor has not received a signed Garnishment Judgment within 3-6 weeks after filing the Application, contact the Clerk of the Court to see the status of your progress

What happens if an objection to the garnishment and a request for a hearing is filed?

If the judgment debtor objects to the garnishment and files a Request for Hearing, the Court should set a hearing date within 5 days after filing.  Some of the more common objections include:

• lack of notice
• lack of jurisdiction
• invalid or satisfied judgment
• exempt money is being garnished ($300 in bank account, welfare, worker compensation, child support, or other exempt monies)
• exempt property

The Judge may not sign the Garnishment Judgment until the hearing has been held.  It is important for the judgment creditor to attend the hearing.

What happens if the judgment creditor does not agree with claims made in the Answer or if they do not receive any eligible property from the garnishee?

A judgment creditor who does not agree with the Answer or does not receive any eligible property from the garnishee can file a Request for Hearing and the Court will hold a hearing on the request.

If the judgment creditor wants to release the garnishee or the judgment debtor from the garnishment:

1. The Petition and Order Discharging Garnishee can be used to release the garnishee who turns over property in response to the Writ of Garnishment or in other appropriate circumstances. Once it is filed the judgment creditor, mails a copy to the garnishee, the judgment debtor and any other creditor who has asked to be notified.  This can be done even if the payment does not completely satisfy the debt of the judgment debtor.
2. A Satisfaction of Judgment can be filed with the Court to establish that the judgment has been fully paid off or otherwise satisfied.  Mail a copy to the judgment debtor.